Sentences with phrase «arbitration decision by»

Not exact matches

All decisions made by the arbitration tribunals will be made public.

In a news release Tuesday, the council said the decision follows a vote on Monday by all bargaining committee members to recommend ratification of a proposed mediation - arbitration process.

A separate arbitration case by Conoco against Venezuela before the World Bank's International Centre for Settlement of Investment Disputes (ICSID) introduced in 2007 could result in a final decision later this year, a lawyer close to the case said.

Ken Girardin, an analyst with the Empire Center for Public Policy, an Albany think tank that advocates for lower taxes and restrained government spending, said, «These higher pay figures reflect bad decisions by both local officials, who signed off on costly deals with the PBA, and state officials, who refuse to fix the state's binding arbitration system that's rigged» to benefit unions.

Further down the road, Gavelytics will also add selected arbitration decisions issued by arbitrators in California.

Also, an arbitration decision can't be overturned by a court even if it clearly and obviously misstates the facts and applies legal rules that are clearly contrary to the law.

It can assert authority over the party being funded (or seeking funding) in connection with their conduct of the arbitration, but it has no authority over the funder (or prospective funder) unless it agrees to be bound by the arbitration agreement and the Tribunal's decisions.

Article 2 (c) of the 1927 Geneva Convention states: «Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied: -LSB-...](c) That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.»

The United States Supreme Court declined to hear an appeal of a North Carolina Supreme Court decision that struck down a mandatory arbitration provision signed by a patient, who later alleged medical malpractice against his physician.

For example, a German court of appeal held that the parties had concluded a new arbitration agreement by signing ICC Terms of Reference.800 Similarly, a decision by the English House of Lords stated that «[i] n the present case one is dealing with an ICC arbitration agreement.

Court of Appeal Decision The Court of Appeal, in a judgment written by Mr. Justice Tang, the Vice President, with Madam Justice Kwan and Mr. Justice Fok concurring, indicated that its approach is to concern itself with the «structural integrity of the arbitration proceedings».

The drafters of the New York Convention further built on the 1927 Geneva Convention by explicitly allowing for severability of the part of the award dealing with a difference not contemplated by or not falling within the terms of the submission to arbitration, or containing decisions on matters beyond the scope of the submission to arbitration, in order to permit recognition and enforcement of the part of the award containing decisions on matters submitted to arbitration.

Rather, the Court of Appeal confirmed that the decision - making process used by the board of arbitration was flawed.

Summary: The appellant appealed a judgment by the Svea Court of Appeal to uphold an arbitral tribunal's finding that an arbitration clause applied to a dispute but to amend the tribunal's decision...

Summary: A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not...

A recent article published by The Wall Street Journal discussed a growing trend by American employers to include arbitration clauses in their employment agreements, in part encouraged by a 2011 decision by the United States Supreme Court which upheld a contractual provision requiring telecom customers to waive their right to bring certain lawsuits.

But the circuit court — noting that the standard for overturning an arbitration award is that it was made «in manifest disregard of the law» — concluded that the district court erred by substituting its own decision on the merits for that of the arbitration panel.

The decision of the Court of Appeal in Department of Economic Policy and Development of the City of Moscow and another v Bankers Trust and another [2004] EWCA Civ 314, [2004] 4 All ER 746 raises issues of potentially far - reaching significance vis - à - vis the public nature of judgments and orders pronounced by the English courts in the context of arbitration applications.

August 31 was a day in which two decisions were issued by Courts of Appeal, both demonstrating the deference that trial and appellate courts will give to arbitration attorney's fees awards.

Earlier this month, a Florida appellate court handed down a decision in an interesting nursing home negligence case, requiring the court to determine the validity of an arbitration contract signed by a deceased resident's daughter.

The reviewing judge quashed the decision and sent it back for review by the arbitration panel.

It has been endorsed with a foreword by the eminent former Court of Appeal Judge, Sir Bernard Rix, whose judgment in FLS v Laker [1999] EWHC B3 (Comm) is still the leading English decision on «same chambers» conflict of interest in international arbitration.

He obtained the first federal maritime decision to clearly hold that, under the Federal Arbitration Act, to be enforceable, an arbitration provision in an international commercial agreement must be in a writing signed by the parties, or evidenced by an exchange of correspondence.

The losing party in the arbitration sought to set aside the award, arguing that the tribunal had exceeded its mandate by basing its decision on a review of related transactions governed by other agreements involving other parties.

An arbitration board has upheld the decision by the Calgary Fire Department to temporarily suspend and demote a captain after he used an expletive to describe female members of the fire crew.

Alternatively, if the dispute is resolved by arbitration Terrance Hudson is able to write a comprehensive decision that can then be filed in Court and that decision then becomes enforceable just the same as a Court Order.

Rather, if the parties agree to such binding arbitration, the agreement is either (a) void completely, or (b) enforceable, but only to the extent that the arbitrator's decision is completely reviewable by the court to determine the best interests of the child.

Peter Oliver has been elected at the behest of the EU to serve a three - year term as a member of the Aarhus Convention Compliance Committee, a tribunal of arbitration whose decisions acquire legal force when endorsed unanimously by the Contracting Parties.

Highlights include a London arbitration relating to a US $ 2 billion African urban project, a landmark decision on legal professional privilege in Hong Kong's highest court after a document summons by the HK Secretary for Justice, a # 1 billion joint venture dispute between two global oil companies, and action against various defaulting clients of a renowned English financial institution.

Undeterred by the result in Entrop, employers continued to implement random drug and alcohol testing policies in the years following the decision and unions continued to challenge these polices at arbitration.

It is still a means to reaching a settlement outside of the courts; however, the decision made by arbitration is usually binding and must be abided by.

In a decision recently posted on the Swedish Arbitration Portal, the Swedish Supreme Court held that an arbitration award rendered by the International Centre for Dispute Resolution in New York could be enforced in Sweden, even though the respondent had not participated in the proceedings.

Kaj Hobér, one of the most distinguished arbitration specialists in Sweden, was appointed by the Board of Directors of the Stockholm Chamber of Commerce in a decision last Friday.

The decision will be welcomed by practitioners and users of arbitration, and will assist London's position as a leading seat of choice for international arbitration.

Last year, the English Court of Appeal's decision in Jivraj v Hashwani sparked widespread concern among many in the arbitration community that «nationality» provisions in arbitration clauses (including those in the ICC and LCIA Rules, incorporated by reference into countless contracts) might be void under English law, in relation to appointments made in the UK.

In an arbitration between the Corporation of Quinte West and CUPE, Local 759, (decision released on October 21, 2011), Arbitrator Paula Knopf considered whether an employer has an obligation to accommodate an employee who suffers from allergies that are caused, at least in part, by scented products in the workplace.

The Tribunal found that the Johnstone test, which in the 2015 labour arbitration decision Ontario Public Service Employees Union (Bharti) v. Ontario (Natural Resources and Forestry) was applied in the context of eldercare, «imposes an unduly onerous burden on applicants» by requiring them to show that their legal responsibility for their children (or parents, in the case of eldercare) is impacted by the impugned workplace rule.

A decision by the arbitral tribunal that the contract or other legal instrument is null, void, or invalid shall not entail automatically the invalidity of the arbitration clause.

The 1st Circuit reviewed the decision de novo and recited the well established principal that arbitration awards are rarely disturbed by reviewing courts, but that there are instances when justice so requires.

Christian Stuerwald and Mick Smith provide brief comments on an interesting case recently decided by the High Court, in which the High Court confirmed an arbitration tribunal's decision that the success fee a claimant pays to his litigation funder is recoverable from the losing defendant in certain circumstances.

(c) If the parties have not made a decision as to the number of arbitrators on the respective Arbitral Tribunal within thirty (30) calendar days from receipt of the arbitration request: decide on whether one or three arbitrators shall be appointed by the Governing Board (Art. 2 (2) of the Rules).

The court held that, under s. 142, «the courts have no jurisdiction to deal with coverage disputes, given that there is mandatory arbitration set up by s. 142 «In reaching this conclusion the Master cited a previous decision from a BC Supreme Court Judge where it was held that «the statute imposes a mandatory forum for the resolution of these disputes, and this Court is excluded from the process `.

Whether the arbitration in question is governed by the UNCITRAL Arbitration Rules, the ICSID Convention, the Arbitration Rules of the International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of rules.

At arbitration, State Farm relied on a prior decision (by the same arbitrator) named Pafco v. Cumis (2014), wherein the arbitrator held that the excluded driver claimant was an «insured person» because his name appeared on the Certificate in that case as a driver.

The article addresses the primacy of arbitration agreements, including in multi-party situations, and highlights the tension that has recently emerged in decisions rendered by the Alberta and Saskatchewan Courts of Appeal.

Re: Confidential ICC Arbitration (2016): raises issues relating to jurisdiction of tribunal; considers the effect of Court of Appeal decision in Baytur on status of an arbitration commenced by a Claimant that has since ceased to exist where the mechanism of transfer of rights and liabilities is not universal succession.

Unless the parties agree otherwise, the parties, the arbitrator and JW will treat the arbitral proceedings, any related disclosures and / or discovery, and the decisions of the arbitrator, as confidential, except in connection with judicial proceedings ancillary to the arbitration, such as a judicial challenge to, or enforcement of, an award, or unless otherwise required by law or to protect a legal right of a party.

Recent important decision by Teare J as to the enforceability of a multi-tiered clause providing for mandatory friendly discussions before invoking arbitration: [2014] EWHC 2014 (Comm).

Incorporation of dispute resolution provisions by reference — whether reference to a «law and arbitration» clause is sufficient to incorporate an English jurisdiction clause — scope of prior decision in The Merak - grant of contractual anti suit injunction to restrain foreign proceedings.

In this issue: Brexit: A Disputes Perspective; Court of Appeal considers non-party funding in two recent cases; Arbitration and enforcement bolstered by Australian High Court decision: freezing order can be granted in expectation of a foreign judgment or arbitration award; Conferences and events